Federal Judge rules waiting period unconstitutional

hjc4604 · Aug 25, 2014

http://prepperchimp.com/2014/08/25/...n-waiting-period-laws-ruled-unconstitutional/

Shouldn't this apply to Maryland? How long will it take for them to comply? SAF rocks!

Schipperke · Aug 25, 2014

hjc4604 said:
http://prepperchimp.com/2014/08/25/...n-waiting-period-laws-ruled-unconstitutional/

Shouldn't this apply to Maryland? How long will it take for them to comply? SAF rocks!

No, 180 days, and yes

Armadillofz1 · Aug 25, 2014

Stay in 3... 2... 1........

Schipperke · Aug 25, 2014

Armadillofz1 said:
Stay in 3... 2... 1........

Stay is part of the order, 180 days

hjc4604 · Aug 25, 2014

Well, by then I will be a resident of South Carolina. I'm retiring, leaving the People's Republic of Maryland and taking my money with me. House is already sold.

Schipperke · Aug 25, 2014

hjc4604 said:
Well, by then I will be a resident of South Carolina. I'm retiring, leaving the People's Republic of Maryland and taking my money with me. House is already sold.

Hurry before there is an exit tax..

jjsat · Aug 25, 2014

Fantastic news. That's a big win especially against a state like California!

Alea Jacta Est · Aug 25, 2014

Schipperke said:
Hurry before there is an exit tax..

Exit. Tax.

Brilliant.

You sir have potential. Move to MOCO and run for office...any office.

Very nicely played.

sgt23preston · Aug 25, 2014

Face it guys, this judge will be over ruled & retired by the end of this week...

El Patron Grande · Aug 25, 2014

hjc4604 said:
Well, by then I will be a resident of South Carolina. I'm retiring, leaving the People's Republic of Maryland and taking my money with me. House is already sold.

El Patron Grande says:

Best of luck to you in "Free America"!

Vile Shadow · Aug 25, 2014

jjsat said:
Fantastic news. That's a big win especially against a state like California!

I can hear the tears falling in Berkeley. :bigwhoop:

Uncle Duke · Aug 25, 2014

Somewhere tonight in the moonlit sky over California, Pelosi and Feinstein can be seen doing barrel rolls on their broomsticks.

dblas · Aug 25, 2014

hjc4604 said:
Well, by then I will be a resident of South Carolina. I'm retiring, leaving the People's Republic of Maryland and taking my money with me. House is already sold.

Doesn't affect MD so your exit is no less affected.

fabsroman · Aug 25, 2014

Yeah, but the waiting period is only waived for those that possess a California carry permit or a "Certificate of Eligibility" AND already posses at least one firearm known to the State of California. Pretty much sounds like you either have to have a carry permit or the equivalent of Maryland's HQL to avoid the 10 day waiting period. Of course, this is common sense, but as far as I am concerned, passing the NICS should be enough to allow a person to walk out the gun shop with the gun as soon as the NICS comes back.

Guess we have to claw back the 2nd Amendment one little victory at a time as the antis attempt to destroy the 2nd Amendment one little victory at a time.

Only thing that really matters is when SCOTUS decides to hear something. Then, those are big battles and big wins.

RoboRay · Aug 26, 2014

Schipperke said:
Hurry before there is an exit tax..

I have to pay to cross the bridge back to the USA already.

danb · Aug 26, 2014

fabsroman said:
Yeah, but the waiting period is only waived for those that possess a California carry permit or a "Certificate of Eligibility" AND already posses at least one firearm known to the State of California.

"Certificate of Eligibility" OR already posses at least one firearm known to the State of California.

http://www.washingtonpost.com/news/...o-are-known-to-the-state-to-already-own-guns/

fabsroman · Aug 26, 2014

danb said:
"Certificate of Eligibility" OR already posses at least one firearm known to the State of California.

http://www.washingtonpost.com/news/...o-are-known-to-the-state-to-already-own-guns/

I was just quoting the article that the OP posted, but in reading the opinion you linked you are correct. Journalism really sucks nowadays.

Reading the opinion makes the win even smaller. Essentially, all this is saying is that IF the background check comes back quicker than 10 days, then the person is entitled to pick up the gun at that time. Sounds as though California has its own background check in place, just like Maryland does for regulated firearms, and that the background check the Court is talking about is NOT the NICS check. So, if the California department doing the background check takes 9 days on ALL firearms background checks, then there is a defacto 9 day waiting period.

danb · Aug 26, 2014

The opinion says about 20% of firearms purchases are auto-approved within 1-2 hours, but they do not check for existing guns or CCW. For those that are not auto-approved there is an 8 day backlog, but 99% of all purchases are eventually approved.

Unfortunately, "it takes as long as it takes" might be the correct answer, with some exceptions, so long as background checks themselves are ok, and they are not sitting on their hands not doing them. Even with voter registration and ID, not sure there is a right to govt efficiency.

Haides · Aug 26, 2014

Another surprise from California. And from a Clinton judge, no less.

Pinecone · Aug 26, 2014

Another issue. CA law is a "cooling off" period. MD is a maximum time limit that the State has to rule on the transfer, or it is allowed to occur.

Different things.

But worth a try.

Federal Judge rules waiting period unconstitutional

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